                         TITLE II-DEATH PENALTY
SEC. 201. SHORT TITLE.
  This title may be cited as the "Federal Death Penalty Act of 1993".
SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF
DEATH.
  (a) IN GENERAL.-PART II OF TITLE 18, UNITED STATES CODE, IS AMENDED BY
INSERTING AFTER CHAPTER 227 THE FOLLOWING NEW CHAPTER:
                       "CHAPTER 228-DEATH SENTENCE
"Sec.
"3591. Sentence of death.
"3592. Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified.
"3593. Special hearing to determine whether a sentence of death is
justified.
"3594. Imposition of a sentence of death.
"3595. Review of a sentence of death.
"3596. Implementation of a sentence of death.
"3597. Use of State facilities.
"3598. Special provisions for Indian country.
"3591. Sentence of death
  "A defendant who has been found guilty of-
      "(1) an offense described in section 794 or section 2381;
      "(2) an offense described in section 1751(c), if the offense, as
    determined beyond a reasonable doubt at the hearing under section
    3593, constitutes an attempt to intentionally kill the President of
    the United States and results in bodily injury to the President or
    comes dangerously close to causing the death of the President; or
      "(3) any other offense for which a sentence of death is provided,
    if the defendant, as determined beyond a reasonable doubt at the
    hearing under section 3593-
          "(A) intentionally killed the victim;
          "(B) intentionally inflicted serious bodily injury that
        resulted in the death of the victim;
          "(C) intentionally participated in an act, contemplating that
        the life of a person would be taken or intending that lethal
        force would be used in connection with a person, other than one
        of the participants in the offense, and the victim died as a
        direct result of the act; or
          "(D) intentionally and specifically engaged in an act, knowing
        that the act created a grave risk of death to a person, other
        than one of the participants in the offense, such that
        participation in the act constituted a reckless disregard for
        human life and the victim died as a direct result of the act,
shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to section
3593, it is determined that imposition of a sentence of death is
justified, except that no person may be sentenced to death who was less
than 18 years of age at the time of the offense.
"3592. Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified

              "(a) MITIGATING FACTORS.-IN DETERMINING WHETHER A SENTENCE OF DEATH IS
TO BE IMPOSED ON A DEFENDANT, THE FINDER OF FACT SHALL CONSIDER ANY
MITIGATING FACTOR, INCLUDING THE FOLLOWING:
      "(1) IMPAIRED CAPACITY.-THE DEFENDANT'S CAPACITY TO APPRECIATE THE
    WRONGFULNESS OF THE DEFENDANT'S CONDUCT OR TO CONFORM CONDUCT TO THE
    REQUIREMENTS OF LAW WAS SIGNIFICANTLY IMPAIRED, REGARDLESS OF WHETHER
    THE CAPACITY WAS SO IMPAIRED AS TO CONSTITUTE A DEFENSE TO THE
    CHARGE.
      "(2) DURESS.-THE DEFENDANT WAS UNDER UNUSUAL AND SUBSTANTIAL
    DURESS, REGARDLESS OF WHETHER THE DURESS WAS OF SUCH A DEGREE AS TO
    CONSTITUTE A DEFENSE TO THE CHARGE.
      "(3) MINOR PARTICIPATION.-THE DEFENDANT IS PUNISHABLE AS A
    PRINCIPAL IN THE OFFENSE, WHICH WAS COMMITTED BY ANOTHER, BUT THE
    DEFENDANT'S PARTICIPATION WAS RELATIVELY MINOR, REGARDLESS OF WHETHER
    THE PARTICIPATION WAS SO MINOR AS TO CONSTITUTE A DEFENSE TO THE
    CHARGE.
      "(4) EQUALLY CULPABLE DEFENDANTS.-ANOTHER DEFENDANT OR DEFENDANTS,
    EQUALLY CULPABLE IN THE CRIME, WILL NOT BE PUNISHED BY DEATH.
      "(5) NO PRIOR CRIMINAL RECORD.-THE DEFENDANT DID NOT HAVE A
    SIGNIFICANT PRIOR HISTORY OF OTHER CRIMINAL CONDUCT.
      "(6) DISTURBANCE.-THE DEFENDANT COMMITTED THE OFFENSE UNDER SEVERE
    MENTAL OR EMOTIONAL DISTURBANCE.
      "(7) VICTIM'S CONSENT.-THE VICTIM CONSENTED TO THE CRIMINAL CONDUCT
    THAT RESULTED IN THE VICTIM'S DEATH.
      "(8) OTHER FACTORS.-OTHER FACTORS IN THE DEFENDANT'S BACKGROUND,
    RECORD, OR CHARACTER OR ANY OTHER CIRCUMSTANCE OF THE OFFENSE THAT
    MITIGATE AGAINST IMPOSITION OF THE DEATH SENTENCE.
  "(B) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.-IN DETERMINING
WHETHER A SENTENCE OF DEATH IS JUSTIFIED FOR AN OFFENSE DESCRIBED IN
SECTION 3591(1), THE JURY, OR IF THERE IS NO JURY, THE COURT, SHALL
CONSIDER EACH OF THE FOLLOWING AGGRAVATING FACTORS FOR WHICH NOTICE HAS
BEEN GIVEN AND DETERMINE WHICH, IF ANY, EXIST:
      "(1) PRIOR ESPIONAGE OR TREASON OFFENSE.-THE DEFENDANT HAS
    PREVIOUSLY BEEN CONVICTED OF ANOTHER OFFENSE INVOLVING ESPIONAGE OR
    TREASON FOR WHICH A SENTENCE OF EITHER LIFE IMPRISONMENT OR DEATH WAS
    AUTHORIZED BY LAW.
      "(2) GRAVE RISK TO NATIONAL SECURITY.-IN THE COMMISSION OF THE
    OFFENSE THE DEFENDANT KNOWINGLY CREATED A GRAVE RISK OF SUBSTANTIAL
    DANGER TO THE NATIONAL SECURITY.
      "(3) GRAVE RISK OF DEATH.-IN THE COMMISSION OF THE OFFENSE THE
    DEFENDANT KNOWINGLY CREATED A GRAVE RISK OF DEATH TO ANOTHER PERSON.
THE JURY, OR IF THERE IS NO JURY, THE COURT, MAY CONSIDER WHETHER ANY
OTHER AGGRAVATING FACTOR FOR WHICH NOTICE HAS BEEN GIVEN EXISTS.
  "(C) AGGRAVATING FACTORS FOR HOMICIDE AND FOR ATTEMPTED MURDER OF THE
PRESIDENT.-IN DETERMINING WHETHER A SENTENCE OF DEATH IS JUSTIFIED FOR AN
OFFENSE DESCRIBED IN SECTION 3591 (2) OR (3), THE JURY, OR IF THERE IS NO
JURY, THE COURT, SHALL CONSIDER EACH OF THE FOLLOWING AGGRAVATING FACTORS
FOR WHICH NOTICE HAS BEEN GIVEN AND DETERMINE WHICH, IF ANY, EXIST:
      "(1) DEATH DURING COMMISSION OF ANOTHER CRIME.-THE DEATH, OR INJURY
    RESULTING IN DEATH, OCCURRED DURING THE COMMISSION OR ATTEMPTED
    COMMISSION OF, OR DURING THE IMMEDIATE FLIGHT FROM THE COMMISSION OF,
    AN OFFENSE UNDER SECTION 32 (DESTRUCTION OF AIRCRAFT OR AIRCRAFT
    FACILITIES), SECTION 33 (DESTRUCTION OF MOTOR VEHICLES OR MOTOR
    VEHICLE FACILITIES), SECTION 36 (VIOLENCE AT INTERNATIONAL AIRPORTS),
    SECTION 351 (VIOLENCE AGAINST MEMBERS OF CONGRESS, CABINET OFFICERS,

                OR SUPREME COURT JUSTICES), AN OFFENSE UNDER SECTION 751 (PRISONERS
    IN CUSTODY OF INSTITUTION OR OFFICER), SECTION 794 (GATHERING OR
    DELIVERING DEFENSE INFORMATION TO AID FOREIGN GOVERNMENT), SECTION
    844(D) (TRANSPORTATION OF EXPLOSIVES IN INTERSTATE COMMERCE FOR
    CERTAIN PURPOSES), SECTION 844(F) (DESTRUCTION OF GOVERNMENT PROPERTY
    BY EXPLOSIVES), SECTION 1118 (PRISONERS SERVING LIFE TERM), SECTION
    1201 (KIDNAPING), SECTION 844(I) (DESTRUCTION OF PROPERTY AFFECTING
    INTERSTATE COMMERCE BY EXPLOSIVES), SECTION 1116 (KILLING OR
    ATTEMPTED KILLING OF DIPLOMATS), SECTION 1203 (HOSTAGE TAKING),
    SECTION 1992 (WRECKING TRAINS), SECTION 2280 (MARITIME VIOLENCE),
    SECTION 2281 (MARITIME PLATFORM VIOLENCE), SECTION 2332 (TERRORIST
    ACTS ABROAD AGAINST UNITED STATES NATIONALS), SECTION 2339 (USE OF
    WEAPONS OF MASS DESTRUCTION), OR SECTION 2381 (TREASON) OF THIS
    TITLE, OR SECTION 902 (I) OR (N) OF THE FEDERAL AVIATION ACT OF 1958
    (49 U.S.C. 1472 (I) OR (N)) (AIRCRAFT PIRACY).
      "(2) INVOLVEMENT OF FIREARM OR PREVIOUS CONVICTION OF VIOLENT
    FELONY INVOLVING FIREARM.-FOR ANY OFFENSE, OTHER THAN AN OFFENSE FOR
    WHICH A SENTENCE OF DEATH IS SOUGHT ON THE BASIS OF SECTION 924(C),
    THE DEFENDANT-
          "(A) DURING AND IN RELATION TO THE COMMISSION OF THE OFFENSE OR
        IN ESCAPING OR ATTEMPTING TO ESCAPE APPREHENSION USED OR
        POSSESSED A FIREARM (AS DEFINED IN SECTION 921); OR
          "(B) has previously been convicted of a Federal or State
        offense punishable by a term of imprisonment of more than 1 year,
        involving the use or attempted or threatened use of a firearm (as
        defined in section 921) against another person.
      "(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH
    OR LIFE IMPRISONMENT WAS AUTHORIZED.-THE DEFENDANT HAS PREVIOUSLY
    BEEN CONVICTED OF ANOTHER FEDERAL OR STATE OFFENSE RESULTING IN THE
    DEATH OF A PERSON, FOR WHICH A SENTENCE OF LIFE IMPRISONMENT OR A
    SENTENCE OF DEATH WAS AUTHORIZED BY STATUTE.
      "(4) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-THE DEFENDANT
    HAS PREVIOUSLY BEEN CONVICTED OF 2 OR MORE FEDERAL OR STATE OFFENSES,
    PUNISHABLE BY A TERM OF IMPRISONMENT OF MORE THAN 1 YEAR, COMMITTED
    ON DIFFERENT OCCASIONS, INVOLVING THE INFLICTION OF, OR ATTEMPTED
    INFLICTION OF, SERIOUS BODILY INJURY OR DEATH UPON ANOTHER PERSON.
      "(5) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS.-THE DEFENDANT, IN
    THE COMMISSION OF THE OFFENSE, OR IN ESCAPING APPREHENSION FOR THE
    VIOLATION OF THE OFFENSE, KNOWINGLY CREATED A GRAVE RISK OF DEATH TO
    1 OR MORE PERSONS IN ADDITION TO THE VICTIM OF THE OFFENSE.
      "(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING OFFENSE.-THE
    DEFENDANT COMMITTED THE OFFENSE IN AN ESPECIALLY HEINOUS, CRUEL, OR
    DEPRAVED MANNER IN THAT IT INVOLVED TORTURE OR SERIOUS PHYSICAL ABUSE
    TO THE VICTIM.
      "(7) PROCUREMENT OF OFFENSE BY PAYMENT.-THE DEFENDANT PROCURED THE
    COMMISSION OF THE OFFENSE BY PAYMENT, OR PROMISE OF PAYMENT, OF
    ANYTHING OF PECUNIARY VALUE.
      "(8) PECUNIARY GAIN.-THE DEFENDANT COMMITTED THE OFFENSE AS
    CONSIDERATION FOR THE RECEIPT, OR IN THE EXPECTATION OF THE RECEIPT,
    OF ANYTHING OF PECUNIARY VALUE.
      "(9) SUBSTANTIAL PLANNING AND PREMEDITATION.-THE DEFENDANT
    COMMITTED THE OFFENSE AFTER SUBSTANTIAL PLANNING AND PREMEDITATION TO
    CAUSE THE DEATH OF A PERSON OR COMMIT AN ACT OF TERRORISM.
      "(10) CONVICTION FOR TWO FELONY DRUG OFFENSES.-THE DEFENDANT HAS
    PREVIOUSLY BEEN CONVICTED OF 2 OR MORE STATE OR FEDERAL OFFENSES

                  PUNISHABLE BY A TERM OF IMPRISONMENT OF MORE THAN ONE YEAR, COMMITTED
    ON DIFFERENT OCCASIONS, INVOLVING THE DISTRIBUTION OF A CONTROLLED
    SUBSTANCE.
      "(11) VULNERABILITY OF VICTIM.-THE VICTIM WAS PARTICULARLY
    VULNERABLE DUE TO OLD AGE, YOUTH, OR INFIRMITY.
      "(12) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES.-THE DEFENDANT
    HAD PREVIOUSLY BEEN CONVICTED OF VIOLATING TITLE II OR III OF THE
    CONTROLLED SUBSTANCES ACT FOR WHICH A SENTENCE OF 5 OR MORE YEARS MAY
    BE IMPOSED OR HAD PREVIOUSLY BEEN CONVICTED OF ENGAGING IN A
    CONTINUING CRIMINAL ENTERPRISE.
      "(13) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES TO
    MINORS.-THE DEFENDANT COMMITTED THE OFFENSE IN THE COURSE OF ENGAGING
    IN A CONTINUING CRIMINAL ENTERPRISE IN VIOLATION OF SECTION 408(C) OF
    THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 848(C)), AND THAT VIOLATION
    INVOLVED THE DISTRIBUTION OF DRUGS TO PERSONS UNDER THE AGE OF 21 IN
    VIOLATION OF SECTION 418 OF THAT ACT (21 U.S.C. 859).
      "(14) HIGH PUBLIC OFFICIALS.-THE DEFENDANT COMMITTED THE OFFENSE
    AGAINST-
          "(A) THE PRESIDENT OF THE UNITED STATES, THE PRESIDENT-ELECT,
        THE VICE PRESIDENT, THE VICE-PRESIDENT-ELECT, THE
        VICE-PRESIDENT-DESIGNATE, OR, IF THERE IS NO VICE PRESIDENT, THE
        OFFICER NEXT IN ORDER OF SUCCESSION TO THE OFFICE OF THE
        PRESIDENT OF THE UNITED STATES, OR ANY PERSON WHO IS ACTING AS
        PRESIDENT UNDER THE CONSTITUTION AND LAWS OF THE UNITED STATES;
          "(B) A CHIEF OF STATE, HEAD OF GOVERNMENT, OR THE POLITICAL
        EQUIVALENT, OF A FOREIGN NATION;
          "(C) A FOREIGN OFFICIAL LISTED IN SECTION 1116(B)(3)(A), IF THE
        OFFICIAL IS IN THE UNITED STATES ON OFFICIAL BUSINESS; OR
          "(D) A FEDERAL PUBLIC SERVANT WHO IS A JUDGE, A LAW ENFORCEMENT
        OFFICER, OR AN EMPLOYEE OF A UNITED STATES PENAL OR CORRECTIONAL
        INSTITUTION-
              "(i) while he or she is engaged in the performance of his
            or her official duties;
              "(ii) because of the performance of his or her official
            duties; or
              "(iii) because of his or her status as a public servant.
        For purposes of this subparagraph, a 'law enforcement officer' is
        a public servant authorized by law or by a Government agency or
        Congress to conduct or engage in the prevention, investigation,
        or prosecution or adjudication of an offense, and includes those
        engaged in corrections, parole, or probation functions.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.
"3593. Special hearing to determine whether a sentence of death is
justified
  "(a) NOTICE BY THE GOVERNMENT.-IF, IN A CASE INVOLVING AN OFFENSE
DESCRIBED IN SECTION 3591, THE ATTORNEY FOR THE GOVERNMENT BELIEVES THAT
THE CIRCUMSTANCES OF THE OFFENSE ARE SUCH THAT A SENTENCE OF DEATH IS
JUSTIFIED UNDER THIS CHAPTER, THE ATTORNEY SHALL, A REASONABLE TIME
BEFORE THE TRIAL OR BEFORE ACCEPTANCE BY THE COURT OF A PLEA OF GUILTY,
SIGN AND FILE WITH THE COURT, AND SERVE ON THE DEFENDANT, A NOTICE-
      "(1) STATING THAT THE GOVERNMENT BELIEVES THAT THE CIRCUMSTANCES OF
    THE OFFENSE ARE SUCH THAT, IF THE DEFENDANT IS CONVICTED, A SENTENCE
    OF DEATH IS JUSTIFIED UNDER THIS CHAPTER AND THAT THE GOVERNMENT WILL
    SEEK THE SENTENCE OF DEATH; AND

              "(2) SETTING FORTH THE AGGRAVATING FACTOR OR FACTORS THAT THE
    GOVERNMENT, IF THE DEFENDANT IS CONVICTED, PROPOSES TO PROVE AS
    JUSTIFYING A SENTENCE OF DEATH.
The factors for which notice is provided under this subsection may
include factors concerning the effect of the offense on the victim and
the victim's family, and may include oral testimony, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim and the victim's
family, and any other relevant information. The court may permit the
attorney for the government to amend the notice upon a showing of good
cause.
  "(b) HEARING BEFORE A COURT OR JURY.-IF THE ATTORNEY FOR THE GOVERNMENT
HAS FILED A NOTICE AS REQUIRED UNDER SUBSECTION (A) AND THE DEFENDANT IS
FOUND GUILTY OF OR PLEADS GUILTY TO AN OFFENSE DESCRIBED IN SECTION 3591,
THE JUDGE WHO PRESIDED AT THE TRIAL OR BEFORE WHOM THE GUILTY PLEA WAS
ENTERED, OR ANOTHER JUDGE IF THAT JUDGE IS UNAVAILABLE, SHALL CONDUCT A
SEPARATE SENTENCING HEARING TO DETERMINE THE PUNISHMENT TO BE IMPOSED.
THE HEARING SHALL BE CONDUCTED-
      "(1) BEFORE THE JURY THAT DETERMINED THE DEFENDANT'S GUILT;
      "(2) BEFORE A JURY IMPANELED FOR THE PURPOSE OF THE HEARING IF-
          "(A) THE DEFENDANT WAS CONVICTED UPON A PLEA OF GUILTY;
          "(B) THE DEFENDANT WAS CONVICTED AFTER A TRIAL BEFORE THE COURT
        SITTING WITHOUT A JURY;
          "(C) THE JURY THAT DETERMINED THE DEFENDANT'S GUILT WAS
        DISCHARGED FOR GOOD CAUSE; OR
          "(D) AFTER INITIAL IMPOSITION OF A SENTENCE UNDER THIS SECTION,
        RECONSIDERATION OF THE SENTENCE UNDER THIS SECTION IS NECESSARY;
        OR
      "(3) BEFORE THE COURT ALONE, UPON THE MOTION OF THE DEFENDANT AND
    WITH THE APPROVAL OF THE ATTORNEY FOR THE GOVERNMENT.
A JURY IMPANELED PURSUANT TO PARAGRAPH (2) SHALL CONSIST OF 12 MEMBERS,
UNLESS, AT ANY TIME BEFORE THE CONCLUSION OF THE HEARING, THE PARTIES
STIPULATE, WITH THE APPROVAL OF THE COURT, THAT IT SHALL CONSIST OF A
LESSER NUMBER.
  "(C) PROOF OF MITIGATING AND AGGRAVATING FACTORS.-NOTWITHSTANDING RULE
32(C) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE, WHEN A DEFENDANT IS
FOUND GUILTY OR PLEADS GUILTY TO AN OFFENSE UNDER SECTION 3591, NO
PRESENTENCE REPORT SHALL BE PREPARED. AT THE SENTENCING HEARING,
INFORMATION MAY BE PRESENTED AS TO ANY MATTER RELEVANT TO THE SENTENCE,
INCLUDING ANY MITIGATING OR AGGRAVATING FACTOR PERMITTED OR REQUIRED TO
BE CONSIDERED UNDER SECTION 3592. INFORMATION PRESENTED MAY INCLUDE THE
TRIAL TRANSCRIPT AND EXHIBITS IF THE HEARING IS HELD BEFORE A JURY OR
JUDGE NOT PRESENT DURING THE TRIAL. THE DEFENDANT MAY PRESENT ANY
INFORMATION RELEVANT TO A MITIGATING FACTOR. THE GOVERNMENT MAY PRESENT
ANY INFORMATION RELEVANT TO AN AGGRAVATING FACTOR FOR WHICH NOTICE HAS
BEEN PROVIDED UNDER SUBSECTION (A). THE GOVERNMENT AND THE DEFENDANT
SHALL BE PERMITTED TO REBUT ANY INFORMATION RECEIVED AT THE HEARING, AND
SHALL BE GIVEN FAIR OPPORTUNITY TO PRESENT ARGUMENT AS TO THE ADEQUACY OF
THE INFORMATION TO ESTABLISH THE EXISTENCE OF ANY AGGRAVATING OR
MITIGATING FACTOR, AND AS TO THE APPROPRIATENESS IN THE CASE OF IMPOSING
A SENTENCE OF DEATH. THE GOVERNMENT SHALL OPEN THE ARGUMENT. THE
DEFENDANT SHALL BE PERMITTED TO REPLY. THE GOVERNMENT SHALL THEN BE
PERMITTED TO REPLY IN REBUTTAL. THE BURDEN OF ESTABLISHING THE EXISTENCE
OF ANY AGGRAVATING FACTOR IS ON THE GOVERNMENT, AND IS NOT SATISFIED
UNLESS THE EXISTENCE OF SUCH A FACTOR IS ESTABLISHED BEYOND A REASONABLE

           DOUBT. THE BURDEN OF ESTABLISHING THE EXISTENCE OF ANY MITIGATING FACTOR
IS ON THE DEFENDANT, AND IS NOT SATISFIED UNLESS THE EXISTENCE OF SUCH A
FACTOR IS ESTABLISHED BY A PREPONDERANCE OF THE INFORMATION.
  "(D) RETURN OF SPECIAL FINDINGS.-THE JURY, OR IF THERE IS NO JURY, THE
COURT, SHALL CONSIDER ALL THE INFORMATION RECEIVED DURING THE HEARING. IT
SHALL RETURN SPECIAL FINDINGS IDENTIFYING ANY AGGRAVATING FACTOR OR
FACTORS SET FORTH IN SECTION 3592 FOUND TO EXIST AND ANY OTHER
AGGRAVATING FACTOR FOR WHICH NOTICE HAS BEEN PROVIDED UNDER SUBSECTION
(A) FOUND TO EXIST. A FINDING WITH RESPECT TO A MITIGATING FACTOR MAY BE
MADE BY 1 OR MORE MEMBERS OF THE JURY, AND ANY MEMBER OF THE JURY WHO
FINDS THE EXISTENCE OF A MITIGATING FACTOR MAY CONSIDER SUCH FACTOR
ESTABLISHED FOR PURPOSES OF THIS SECTION REGARDLESS OF THE NUMBER OF
JURORS WHO CONCUR THAT THE FACTOR HAS BEEN ESTABLISHED. A FINDING WITH
RESPECT TO ANY AGGRAVATING FACTOR MUST BE UNANIMOUS. IF NO AGGRAVATING
FACTOR SET FORTH IN SECTION 3592 IS FOUND TO EXIST, THE COURT SHALL
IMPOSE A SENTENCE OTHER THAN DEATH AUTHORIZED BY LAW.
  "(E) RETURN OF A FINDING CONCERNING A SENTENCE OF DEATH.-IF, IN THE
CASE OF-
      "(1) an offense described in section 3591(1), an aggravating factor
    required to be considered under section 3592(b) is found to exist; or
      "(2) an offense described in section 3591 (2) or (3), an
    aggravating factor required to be considered under section 3592(c) is
    found to exist,
the jury, or if there is no jury, the court, shall consider whether all
the aggravating factor or factors found to exist sufficiently outweigh
all the mitigating factor or factors found to exist to justify a sentence
of death, or, in the absence of a mitigating factor, whether the
aggravating factor or factors alone are sufficient to justify a sentence
of death. Based upon this consideration, the jury by unanimous vote, or
if there is no jury, the court, shall recommend whether the defendant
should be sentenced to death, to life imprisonment without possibility of
release or some other lesser sentence. The jury or the court, if there is
no jury, regardless of its findings with respect to aggravating and
mitigating factors, is never required to impose a death sentence and the
jury shall be so instructed.
  "(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINATION.-IN A HEARING
HELD BEFORE A JURY, THE COURT, PRIOR TO THE RETURN OF A FINDING UNDER
SUBSECTION (E), SHALL INSTRUCT THE JURY THAT, IN CONSIDERING WHETHER A
SENTENCE OF DEATH IS JUSTIFIED, IT SHALL NOT CONSIDER THE RACE, COLOR,
RELIGIOUS BELIEFS, NATIONAL ORIGIN, OR SEX OF THE DEFENDANT OR OF ANY
VICTIM AND THAT THE JURY IS NOT TO RECOMMEND A SENTENCE OF DEATH UNLESS
IT HAS CONCLUDED THAT IT WOULD RECOMMEND A SENTENCE OF DEATH FOR THE
CRIME IN QUESTION NO MATTER WHAT THE RACE, COLOR, RELIGIOUS BELIEFS,
NATIONAL ORIGIN, OR SEX OF THE DEFENDANT OR OF ANY VICTIM MAY BE. THE
JURY, UPON RETURN OF A FINDING UNDER SUBSECTION (E), SHALL ALSO RETURN TO
THE COURT A CERTIFICATE, SIGNED BY EACH JUROR, THAT CONSIDERATION OF THE
RACE, COLOR, RELIGIOUS BELIEFS, NATIONAL ORIGIN, OR SEX OF THE DEFENDANT
OR ANY VICTIM WAS NOT INVOLVED IN REACHING HIS OR HER INDIVIDUAL DECISION
AND THAT THE INDIVIDUAL JUROR WOULD HAVE MADE THE SAME RECOMMENDATION
REGARDING A SENTENCE FOR THE CRIME IN QUESTION NO MATTER WHAT THE RACE,
COLOR, RELIGIOUS BELIEFS, NATIONAL ORIGIN, OR SEX OF THE DEFENDANT OR ANY
VICTIM MAY BE.
"3594. Imposition of a sentence of death
  "Upon a recommendation under section 3593(e) that the defendant should
be sentenced to death or life imprisonment without possibility of

           release, the court shall sentence the defendant accordingly. Otherwise,
the court shall impose any lesser sentence that is authorized by law.
Notwithstanding any other law, if the maximum term of imprisonment for
the offense is life imprisonment, the court may impose a sentence of life
imprisonment without possibility of release.
"3595. Review of a sentence of death
  "(a) APPEAL.-IN A CASE IN WHICH A SENTENCE OF DEATH IS IMPOSED, THE
SENTENCE SHALL BE SUBJECT TO REVIEW BY THE COURT OF APPEALS UPON APPEAL
BY THE DEFENDANT. NOTICE OF APPEAL MUST BE FILED WITHIN THE TIME
SPECIFIED FOR THE FILING OF A NOTICE OF APPEAL. AN APPEAL UNDER THIS
SECTION MAY BE CONSOLIDATED WITH AN APPEAL OF THE JUDGMENT OF CONVICTION
AND SHALL HAVE PRIORITY OVER ALL OTHER CASES.
  "(B) REVIEW.-THE COURT OF APPEALS SHALL REVIEW THE ENTIRE RECORD IN THE
CASE, INCLUDING-
      "(1) THE EVIDENCE SUBMITTED DURING THE TRIAL;
      "(2) THE INFORMATION SUBMITTED DURING THE SENTENCING HEARING;
      "(3) the procedures employed in the sentencing hearing; and
      "(4) the special findings returned under section 3593(d).
  "(c) DECISION AND DISPOSITION.-
      "(1) THE COURT OF APPEALS SHALL ADDRESS ALL SUBSTANTIVE AND
    PROCEDURAL ISSUES RAISED ON THE APPEAL OF A SENTENCE OF DEATH, AND
    SHALL CONSIDER WHETHER THE SENTENCE OF DEATH WAS IMPOSED UNDER THE
    INFLUENCE OF PASSION, PREJUDICE, OR ANY OTHER ARBITRARY FACTOR AND
    WHETHER THE EVIDENCE SUPPORTS THE SPECIAL FINDING OF THE EXISTENCE OF
    AN AGGRAVATING FACTOR REQUIRED TO BE CONSIDERED UNDER SECTION 3592.
      "(2) Whenever the court of appeals finds that-
          "(A) the sentence of death was imposed under the influence of
        passion, prejudice, or any other arbitrary factor;
          "(B) the admissible evidence and information adduced does not
        support the special finding of the existence of the required
        aggravating factor; or
          "(C) the proceedings involved any other legal error requiring
        reversal of the sentence that was properly preserved for appeal
        under the rules of criminal procedure,
    the court shall remand the case for reconsideration under section
    3593 or imposition of a sentence other than death.
      "(3) The court of appeals shall state in writing the reasons for
    its disposition of an appeal of a sentence of death under this
    section.
"3596. Implementation of a sentence of death
  "(a) IN GENERAL.-A PERSON WHO HAS BEEN SENTENCED TO DEATH PURSUANT TO
THIS CHAPTER SHALL BE COMMITTED TO THE CUSTODY OF THE ATTORNEY GENERAL
UNTIL EXHAUSTION OF THE PROCEDURES FOR APPEAL OF THE JUDGMENT OF
CONVICTION AND FOR REVIEW OF THE SENTENCE. WHEN THE SENTENCE IS TO BE
IMPLEMENTED, THE ATTORNEY GENERAL SHALL RELEASE THE PERSON SENTENCED TO
DEATH TO THE CUSTODY OF A UNITED STATES MARSHAL, WHO SHALL SUPERVISE
IMPLEMENTATION OF THE SENTENCE IN THE MANNER PRESCRIBED BY THE LAW OF THE
STATE IN WHICH THE SENTENCE IS IMPOSED. IF THE LAW OF THE STATE DOES NOT
PROVIDE FOR IMPLEMENTATION OF A SENTENCE OF DEATH, THE COURT SHALL
DESIGNATE ANOTHER STATE, THE LAW OF WHICH DOES PROVIDE FOR THE
IMPLEMENTATION OF A SENTENCE OF DEATH, AND THE SENTENCE SHALL BE
IMPLEMENTED IN THE LATTER STATE IN THE MANNER PRESCRIBED BY SUCH LAW.
  "(B) PREGNANT WOMAN.-A SENTENCE OF DEATH SHALL NOT BE CARRIED OUT UPON
A WOMAN WHILE SHE IS PREGNANT.
  "(C) MENTAL CAPACITY.-A SENTENCE OF DEATH SHALL NOT BE CARRIED OUT UPON

         A PERSON WHO IS MENTALLY RETARDED. A SENTENCE OF DEATH SHALL NOT BE
CARRIED OUT UPON A PERSON WHO, AS A RESULT OF MENTAL DISABILITY, LACKS
THE MENTAL CAPACITY TO UNDERSTAND THE DEATH PENALTY AND WHY IT WAS
IMPOSED ON THAT PERSON.
"3597. Use of State facilities
  "(a) IN GENERAL.-A UNITED STATES MARSHAL CHARGED WITH SUPERVISING THE
IMPLEMENTATION OF A SENTENCE OF DEATH MAY USE APPROPRIATE STATE OR LOCAL
FACILITIES FOR THE PURPOSE, MAY USE THE SERVICES OF AN APPROPRIATE STATE
OR LOCAL OFFICIAL OR OF A PERSON SUCH AN OFFICIAL EMPLOYS FOR THE
PURPOSE, AND SHALL PAY THE COSTS THEREOF IN AN AMOUNT APPROVED BY THE
ATTORNEY GENERAL.
  "(B) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS.-NO EMPLOYEE
OF ANY STATE DEPARTMENT OF CORRECTIONS, THE UNITED STATES DEPARTMENT OF
JUSTICE, THE FEDERAL BUREAU OF PRISONS, OR THE UNITED STATES MARSHALS
SERVICE, AND NO EMPLOYEE PROVIDING SERVICES TO THAT DEPARTMENT, BUREAU,
OR SERVICE UNDER CONTRACT SHALL BE REQUIRED, AS A CONDITION OF THAT
EMPLOYMENT OR CONTRACTUAL OBLIGATION, TO BE IN ATTENDANCE AT OR TO
PARTICIPATE IN ANY PROSECUTION OR EXECUTION UNDER THIS SECTION IF SUCH
PARTICIPATION IS CONTRARY TO THE MORAL OR RELIGIOUS CONVICTIONS OF THE
EMPLOYEE. IN THIS SUBSECTION, 'PARTICIPATION IN EXECUTIONS' INCLUDES
PERSONAL PREPARATION OF THE CONDEMNED INDIVIDUAL AND THE APPARATUS USED
FOR EXECUTION AND SUPERVISION OF THE ACTIVITIES OF OTHER PERSONNEL IN
CARRYING OUT SUCH ACTIVITIES.
"3598. Special provisions for Indian country
  "Notwithstanding sections 1152 and 1153, no person subject to the
criminal jurisdiction of an Indian tribal government shall be subject to
a capital sentence under this chapter for any offense the Federal
jurisdiction for which is predicated solely on Indian country (as defined
in section 1151 of this title) and which has occurred within the
boundaries of Indian country, unless the governing body of the tribe has
elected that this chapter have effect over land and persons subject to
its criminal jurisdiction.".
  (b) TECHNICAL AMENDMENT.-THE PART ANALYSIS FOR PART II OF TITLE 18,
UNITED STATES CODE, IS AMENDED BY INSERTING AFTER THE ITEM RELATING TO
CHAPTER 227 THE FOLLOWING NEW ITEM:
"228. Death sentence                                               3591".
SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.
  (a) CONFORMING CHANGES IN TITLE 18.-Title 18, United States Code, is
amended as follows:
      (1) AIRCRAFT AND MOTOR VEHICLES.-SECTION 34 OF TITLE 18, UNITED
    STATES CODE, IS AMENDED BY STRIKING THE COMMA AFTER "IMPRISONMENT FOR
    LIFE", INSERTING A PERIOD, AND STRIKING THE REMAINDER OF THE SECTION.
      (2) ESPIONAGE.-SECTION 794(A) OF TITLE 18, UNITED STATES CODE, IS
    AMENDED BY STRIKING THE PERIOD AT THE END OF THE SECTION AND
    INSERTING ", EXCEPT THAT THE SENTENCE OF DEATH SHALL NOT BE IMPOSED
    UNLESS THE JURY OR, IF THERE IS NO JURY, THE COURT, FURTHER FINDS
    THAT THE OFFENSE DIRECTLY CONCERNED NUCLEAR WEAPONRY, MILITARY
    SPACECRAFT OR SATELLITES, EARLY WARNING SYSTEMS, OR OTHER MEANS OF
    DEFENSE OR RETALIATION AGAINST LARGE-SCALE ATTACK; WAR PLANS;
    COMMUNICATIONS INTELLIGENCE OR CRYPTOGRAPHIC INFORMATION; OR ANY
    OTHER MAJOR WEAPONS SYSTEM OR MAJOR ELEMENT OF DEFENSE STRATEGY.".
      (3) EXPLOSIVE MATERIALS.-(A) SECTION 844(D) OF TITLE 18, UNITED
    STATES CODE, IS AMENDED BY STRIKING "AS PROVIDED IN SECTION 34 OF
    THIS TITLE".
      (B) SECTION 844(F) OF TITLE 18, UNITED STATES CODE, IS AMENDED BY

              STRIKING "AS PROVIDED IN SECTION 34 OF THIS TITLE".
      (C) SECTION 844(I) OF TITLE 18, UNITED STATES CODE, IS AMENDED BY
    STRIKING "AS PROVIDED IN SECTION 34 OF THIS TITLE".
      (4) MURDER.-THE SECOND UNDESIGNATED PARAGRAPH OF SECTION 1111(B) OF
    TITLE 18, UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS:
      "WHOEVER IS GUILTY OF MURDER IN THE FIRST DEGREE SHALL BE PUNISHED
    BY DEATH OR BY IMPRISONMENT FOR LIFE;".
      (5) KILLING OF FOREIGN OFFICIAL.-SECTION 1116(A) OF TITLE 18,
    UNITED STATES CODE, IS AMENDED BY STRIKING "ANY SUCH PERSON WHO IS
    FOUND GUILTY OF MURDER IN THE FIRST DEGREE SHALL BE SENTENCED TO
    IMPRISONMENT FOR LIFE, AND".
      (6) KIDNAPPING.-SECTION 1201(A) OF TITLE 18, UNITED STATES CODE, IS
    AMENDED BY INSERTING AFTER "OR FOR LIFE" THE FOLLOWING: "AND, IF THE
    DEATH OF ANY PERSON RESULTS, SHALL BE PUNISHED BY DEATH OR LIFE
    IMPRISONMENT".
      (7) NONMAILABLE INJURIOUS ARTICLES.-THE LAST PARAGRAPH OF SECTION
    1716 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY STRIKING THE
    COMMA AFTER "IMPRISONMENT FOR LIFE" AND INSERTING A PERIOD AND
    STRIKING THE REMAINDER OF THE PARAGRAPH.
      (8) PRESIDENTIAL ASSASSINATIONS.-SUBSECTION (C) OF SECTION 1751 OF
    TITLE 18, UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS:
  "(C) WHOEVER ATTEMPTS TO KILL OR KIDNAP ANY INDIVIDUAL DESIGNATED IN
SUBSECTION (A) OF THIS SECTION, SHALL BE PUNISHED-
      "(1) BY IMPRISONMENT FOR ANY TERM OF YEARS OR FOR LIFE; OR
      "(2) IF THE CONDUCT CONSTITUTES AN ATTEMPT TO INTENTIONALLY KILL
    THE PRESIDENT OF THE UNITED STATES AND RESULTS IN BODILY INJURY TO
    THE PRESIDENT OR OTHERWISE COMES DANGEROUSLY CLOSE TO CAUSING THE
    DEATH OF THE PRESIDENT, BY DEATH OR IMPRISONMENT FOR ANY TERM OF
    YEARS OR FOR LIFE.".
      (9) WRECKING TRAINS.-THE SECOND TO THE LAST UNDESIGNATED PARAGRAPH
    OF SECTION 1992 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY
    STRIKING THE COMMA AFTER "IMPRISONMENT FOR LIFE", INSERTING A PERIOD,
    AND STRIKING THE REMAINDER OF THE SECTION.
      (10) BANK ROBBERY.-SECTION 2113(E) OF TITLE 18, UNITED STATES CODE,
    IS AMENDED BY STRIKING "OR PUNISHED BY DEATH IF THE VERDICT OF THE
    JURY SHALL SO DIRECT" AND INSERTING "OR IF DEATH RESULTS SHALL BE
    PUNISHED BY DEATH OR LIFE IMPRISONMENT".
      (11) HOSTAGE TAKING.-SECTION 1203(A) OF TITLE 18, UNITED STATES
    CODE, IS AMENDED BY INSERTING AFTER "OR FOR LIFE" THE FOLLOWING:
    "AND, IF THE DEATH OF ANY PERSON RESULTS, SHALL BE PUNISHED BY DEATH
    OR LIFE IMPRISONMENT".
      (12) MURDER FOR HIRE.-SECTION 1958 OF TITLE 18, UNITED STATES CODE,
    IS AMENDED BY STRIKING "AND IF DEATH RESULTS, SHALL BE SUBJECT TO
    IMPRISONMENT FOR ANY TERM OF YEARS OR FOR LIFE, OR SHALL BE FINED NOT
    MORE THAN $50,000, OR BOTH" AND INSERTING "AND IF DEATH RESULTS,
    SHALL BE PUNISHED BY DEATH OR LIFE IMPRISONMENT, OR SHALL BE FINED
    NOT MORE THAN $250,000, OR BOTH".
      (13) RACKETEERING.-SECTION 1959(A)(1) OF TITLE 18, UNITED STATES
    CODE, IS AMENDED TO READ AS FOLLOWS:
      "(1) FOR MURDER, BY DEATH OR LIFE IMPRISONMENT, OR A FINE OF NOT
    MORE THAN $250,000, OR BOTH; AND FOR KIDNAPPING, BY IMPRISONMENT FOR
    ANY TERM OF YEARS OR FOR LIFE, OR A FINE OF NOT MORE THAN $250,000,
    OR BOTH;".
      (14) GENOCIDE.-SECTION 1091(B)(1) OF TITLE 18, UNITED STATES CODE,
    IS AMENDED BY STRIKING "A FINE OF NOT MORE THAN $1,000,000 OR

               IMPRISONMENT FOR LIFE," AND INSERTING ", WHERE DEATH RESULTS, BY
    DEATH OR IMPRISONMENT FOR LIFE AND A FINE OF NOT MORE THAN
    $1,000,000, OR BOTH;".
      (15) CARJACKING.-SECTION 2119(3) OF TITLE 18, UNITED STATES CODE,
    IS AMENDED BY STRIKING THE PERIOD AFTER "BOTH" AND INSERTING ", OR
    SENTENCED TO DEATH.".
  (b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954.-Section 903
of the Federal Aviation Act of 1958 (49 U.S.C. 1473) is amended by
striking subsection (c).
SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
  Chapter 228 of title 18, United States Code, as added by this title,
shall not apply to prosecutions under the Uniform Code of Military
Justice (10 U.S.C. 801).
SEC. 205. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
  (a) IN GENERAL.-CHAPTER 51 OF TITLE 18, UNITED STATES CODE, IS AMENDED
BY ADDING AT THE END THE FOLLOWING NEW SECTION:
"1118. Murder by a Federal prisoner
  "(a) OFFENSE.-A PERSON WHO, WHILE CONFINED IN A FEDERAL CORRECTIONAL
INSTITUTION UNDER A SENTENCE FOR A TERM OF LIFE IMPRISONMENT, COMMITS THE
MURDER OF ANOTHER SHALL BE PUNISHED BY DEATH OR BY LIFE IMPRISONMENT.
  "(B) DEFINITIONS.-IN THIS SECTION-
      "'FEDERAL CORRECTIONAL INSTITUTION' MEANS ANY FEDERAL PRISON,
    FEDERAL CORRECTIONAL FACILITY, FEDERAL COMMUNITY PROGRAM CENTER, OR
    FEDERAL HALFWAY HOUSE.
      "'MURDER' MEANS A FIRST DEGREE OR SECOND DEGREE MURDER (AS DEFINED
    BY SECTION 1111).
      "'TERM OF LIFE IMPRISONMENT' MEANS A SENTENCE FOR THE TERM OF
    NATURAL LIFE, A SENTENCE COMMUTED TO NATURAL LIFE, AN INDETERMINATE
    TERM OF A MINIMUM OF AT LEAST FIFTEEN YEARS AND A MAXIMUM OF LIFE, OR
    AN UNEXECUTED SENTENCE OF DEATH.".
  (B) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 51 OF TITLE
18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW
ITEM:
"1118. Murder by a Federal prisoner.".
SEC. 206. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
  (a) CONSPIRACY AGAINST RIGHTS.-SECTION 241 OF TITLE 18, UNITED STATES
CODE, IS AMENDED BY STRIKING THE PERIOD AT THE END OF THE LAST SENTENCE
AND INSERTING ", OR MAY BE SENTENCED TO DEATH.".
  (b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.-SECTION 242 OF TITLE 18,
UNITED STATES CODE, IS AMENDED BY STRIKING THE PERIOD AT THE END OF THE
LAST SENTENCE AND INSERTING ", OR MAY BE SENTENCED TO DEATH.".
  (C) FEDERALLY PROTECTED ACTIVITIES.-SECTION 245(B) OF TITLE 18, UNITED
STATES CODE, IS AMENDED IN THE MATTER FOLLOWING PARAGRAPH (5) BY
INSERTING ", OR MAY BE SENTENCED TO DEATH" AFTER "OR FOR LIFE".
  (D) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF
RELIGIOUS RIGHTS.-SECTION 247(C)(1) OF TITLE 18, UNITED STATES CODE, IS
AMENDED BY INSERTING ", OR MAY BE SENTENCED TO DEATH" AFTER "OR BOTH".
SEC. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT
OFFICIALS.   Section 1114(a) of title 18, United States Code, is amended
by striking "punished as provided under sections 1111 and 1112 of this
title," and inserting "punished, in the case of murder, by a sentence of
death or life imprisonment as provided under section 1111, or, in the
case of manslaughter, a sentence as provided under section 1112.".
SEC. 208. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER
DRUG CONSPIRACIES.

              (a) SHORT TITLE.-THIS SECTION MAY BE CITED AS THE "DRIVE-BY SHOOTING
PREVENTION ACT OF 1993".
  (B) IN GENERAL.-CHAPTER 2 OF TITLE 18, UNITED STATES CODE, IS AMENDED
BY ADDING AT THE END THE FOLLOWING NEW SECTION:
"36. Drive-by shooting
  "(a) DEFINITION.-IN THIS SECTION, 'MAJOR DRUG OFFENSE' MEANS-
      "(1) A CONTINUING CRIMINAL ENTERPRISE PUNISHABLE UNDER SECTION
    403(C) OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 848(C));
      "(2) A CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCES PUNISHABLE
    UNDER SECTION 406 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 846)
    SECTION 1013 OF THE CONTROLLED SUBSTANCES IMPORT AND EXPORT CONTROL
    ACT (21 U.S.C. 963); AND
      "(3) an offense involving major quantities of drugs and punishable
    under section 401(b)(1)(A) of the Controlled Substances Act (21
    U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled
    Substances Import and Export Act (21 U.S.C. 960(b)(1)).
  "(b) OFFENSE AND PENALTIES.-(1) A PERSON WHO, IN FURTHERANCE OR TO
ESCAPE DETECTION OF A MAJOR DRUG OFFENSE AND WITH THE INTENT TO
INTIMIDATE, HARASS, INJURE, OR MAIM, FIRES A WEAPON INTO A GROUP OF TWO
OR MORE PERSONS AND WHO, IN THE COURSE OF SUCH CONDUCT, CAUSES GRAVE RISK
TO ANY HUMAN LIFE SHALL BE PUNISHED BY A TERM OF NO MORE THAN 25 YEARS,
BY FINE UNDER THIS TITLE, OR BOTH.
  "(2) A PERSON WHO, IN FURTHERANCE OR TO ESCAPE DETECTION OF A MAJOR
DRUG OFFENSE AND WITH THE INTENT TO INTIMIDATE, HARASS, INJURE, OR MAIM,
FIRES A WEAPON INTO A GROUP OF 2 OR MORE PERSONS AND WHO, IN THE COURSE
OF SUCH CONDUCT, KILLS ANY PERSON SHALL, IF THE KILLING-
      "(A) IS A FIRST DEGREE MURDER (AS DEFINED IN SECTION 1111(A)), BE
    PUNISHED BY DEATH OR IMPRISONMENT FOR ANY TERM OF YEARS OR FOR LIFE,
    FINED UNDER THIS TITLE, OR BOTH; OR
      "(B) IS A MURDER OTHER THAN A FIRST DEGREE MURDER (AS DEFINED IN
    SECTION 1111(A)), BE FINED UNDER THIS TITLE, IMPRISONED FOR ANY TERM
    OF YEARS OR FOR LIFE, OR BOTH.".
  (C) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 2 OF TITLE
18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW
ITEM:
"36. Drive-by shooting.".
SEC. 209. FOREIGN MURDER OF UNITED STATES NATIONALS.
  (a) IN GENERAL.-CHAPTER 51 OF TITLE 18, UNITED STATES CODE, IS AMENDED
BY ADDING AT THE END THE FOLLOWING NEW SECTION:
"1118. Foreign murder of United States nationals
  "(a) DEFINITION.-IN THIS SECTION, 'NATIONAL OF THE UNITED STATES' HAS
THE MEANING STATED IN SECTION 101(A)(22) OF THE IMMIGRATION AND
NATIONALITY ACT (8 U.S.C. 1101(A)(22)).
  "(B) OFFENSE.-A PERSON WHO, BEING A NATIONAL OF THE UNITED STATES,
KILLS OR ATTEMPTS TO KILL A NATIONAL OF THE UNITED STATES WHILE SUCH
NATIONAL IS OUTSIDE THE UNITED STATES BUT WITHIN THE JURISDICTION OF
ANOTHER COUNTRY SHALL BE PUNISHED AS PROVIDED UNDER SECTIONS 1111, 1112,
AND 1113.
  "(C) LIMITATIONS ON PROSECUTION.-(1) NO PROSECUTION MAY BE INSTITUTED
AGAINST ANY PERSON UNDER THIS SECTION EXCEPT UPON THE WRITTEN APPROVAL OF
THE ATTORNEY GENERAL, THE DEPUTY ATTORNEY GENERAL, OR AN ASSISTANT
ATTORNEY GENERAL, WHICH FUNCTION OF APPROVING PROSECUTIONS MAY NOT BE
DELEGATED. NO PROSECUTION SHALL BE APPROVED IF PROSECUTION HAS BEEN
PREVIOUSLY UNDERTAKEN BY A FOREIGN COUNTRY FOR THE SAME CONDUCT.
  "(2) NO PROSECUTION SHALL BE APPROVED UNDER THIS SECTION UNLESS THE

            ATTORNEY GENERAL, IN CONSULTATION WITH THE SECRETARY OF STATE, DETERMINES
THAT THE CONDUCT TOOK PLACE IN A COUNTRY IN WHICH THE PERSON IS NO LONGER
PRESENT, AND THE COUNTRY LACKS THE ABILITY TO LAWFULLY SECURE THE
PERSON'S RETURN. A DETERMINATION BY THE ATTORNEY GENERAL UNDER THIS
PARAGRAPH IS NOT SUBJECT TO JUDICIAL REVIEW.".
  (b) TECHNICAL AMENDMENTS.-(1) SECTION 1117 OF TITLE 18, UNITED STATES
CODE, IS AMENDED BY STRIKING "OR 1116" AND INSERTING "1116, OR 1118".
  (2) The chapter analysis for chapter 51 of title 18, United States
Code, is amended by adding at the end the following new item:
"1118. Foreign murder of United States nationals.".
SEC. 210. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.
  (a) OFFENSE.-CHAPTER 109A OF TITLE 18, UNITED STATES CODE, IS AMENDED-
      (1) BY REDESIGNATING SECTION 2245 AS SECTION 2246; AND
      (2) BY INSERTING AFTER SECTION 2244 THE FOLLOWING NEW SECTION:
"2245. Sexual abuse resulting in death
  "A person who, in the course of an offense under this chapter, engages
in conduct that results in the death of a person, shall be punished by
death or imprisoned for any term of years or for life.".
  (b) TECHNICAL AMENDMENTS.-THE CHAPTER ANALYSIS FOR CHAPTER 109A OF
TITLE 18, UNITED STATES CODE, IS AMENDED BY STRIKING THE ITEM FOR SECTION
2245 AND INSERTING THE FOLLOWING:
"2245. Sexual abuse resulting in death.
"2246. Definitions for chapter.".
SEC. 211. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.
  Section 2251(d) of title 18, United States Code, is amended by adding
at the end the following: "Whoever, in the course of an offense under
this section, engages in conduct that results in the death of a person,
shall be punished by death or imprisoned for any term of years or for
life.".
SEC. 212. MURDER BY ESCAPED PRISONERS.
  (a) IN GENERAL.-CHAPTER 51 OF TITLE 18, UNITED STATES CODE, AS AMENDED
BY SECTION 109(A), IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW
SECTION:
"1119. Murder by escaped prisoners
  "(a) DEFINITION.-IN THIS SECTION, 'FEDERAL PRISON' AND 'TERM OF LIFE
IMPRISONMENT' HAVE THE MEANINGS STATED IN SECTION 1118.
  "(B) OFFENSE AND PENALTY.-A PERSON, HAVING ESCAPED FROM A FEDERAL
PRISON WHERE THE PERSON WAS CONFINED UNDER A SENTENCE FOR A TERM OF LIFE
IMPRISONMENT, KILLS ANOTHER SHALL BE PUNISHED AS PROVIDED IN SECTIONS
1111 AND 1112.".
  (B) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 51 OF TITLE
18, UNITED STATES CODE, AS AMENDED BY SECTION 109(B)(2), IS AMENDED BY
ADDING AT THE END THE FOLLOWING NEW ITEM:
"1119. Murder by escaped prisoners.".
SEC. 213. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF VIOLENCE
AND DRUG TRAFFICKING CRIMES.
  Section 924 of title 18, United States Code, is amended by adding at
the end the following new subsection:
  "(i)  A person who, in the course of a violation of subsection (c),
causes the death of a person through the use of a firearm, shall-
      "(1) if the killing is a murder (as defined in section 1111), be
    punished by death or by imprisonment for any term of years or for
    life; and
      "(2) if the killing is manslaughter (as defined in section 1112),
    be punished as provided in that section.".

             SEC. 214. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN FEDERAL
FACILITIES.
  Section 930 of title 18, United States Code, is amended-
      (1) by redesignating subsections (c), (d), (e), and (f) as
    subsections (d), (e), (f), and (g), respectively;
      (2) in subsection (a) by striking "(c)" and inserting "(d)"; and
      (3) by inserting after subsection (b) the following new subsection:
  "(c) A person who kills or attempts to kill any person in the course of
a violation of subsection (a) or (b), or in the course of an attack on a
Federal facility involving the use of a firearm or other dangerous
weapon, shall be punished as provided in sections 1111, 1112, and 1113.".
SEC. 215. MURDER IN COURSE OF ALIEN SMUGGLING.
  Section 274(a) of the Immigration and Naturalization Act (8 U.S.C.
1324) is amended by inserting before the period at the end the following:
": *Provided further,* That if during and in relation to an offense
described in paragraph (1) the person causes serious bodily injury to, or
places in jeopardy the life of, any alien, such person shall be subject
to a term of imprisonment of not more than 20 years, and if the death of
any alien results, shall be punished by death or imprisoned for any term
of years or for life.".
                      TITLE III-HABEAS CORPUS REFORM
SEC. 301. SHORT TITLE.
  This title may be cited as "An Act to enforce the fourteenth amendment
and to reform habeas corpus.".
SEC.  302. FILING DEADLINES.
  (a) IN GENERAL.-SECTION 2242 OF TITLE 28, UNITED STATES CODE, IS
AMENDED-
      (1) BY AMENDING THE HEADING TO READ AS FOLLOWS:
"2242. Filing of habeas corpus petition; time requirements; tolling
rules";
      (2) by inserting "(a)(1)" before the first paragraph, "(2)" before
    the second paragraph, "(3)" before the third paragraph, and "(4)"
    before the fourth paragraph;
      (3) by amending the third paragraph, as designated by paragraph
    (3), to read as follows:
  "(3) Leave to amend or supplement the petition shall be freely given,
as provided in the rules of procedure applicable to civil actions."; and
      (4) by adding at the end the following new subsections:
  "(b) An application for habeas corpus relief under section 2254 shall
be filed in the appropriate district court not later than 180 days after-
      "(1) the last day for filing a petition for writ of certiorari in
    the United States Supreme Court on direct appeal or unitary review of
    the conviction and sentence, if such a petition has not been filed
    within the time limits established by law;
      "(2) the date of the denial of a writ of certiorari, if a petition
    for a writ of certiorari to the highest court of the State on direct
    appeal or unitary review of the conviction and sentence is filed,
    within the time limits established by law, in the United States
    Supreme Court; or
      "(3) the date of the issuance of the mandate of the United States
    Supreme Court, if on a petition for a writ of certiorari the Supreme
    Court grants the writ and disposes of the case in a manner that
    leaves the sentence undisturbed.
  "(c)(1) Notwithstanding the filing deadline imposed by subsection (b),
if a petitioner under a sentence of death has filed a petition for

            post-conviction review in State court within 270 days of the appointment
of counsel as required by section 2258, the petitioner shall have 180
days to file a petition under this chapter upon completion of the State
court review.
  "(2) The time requirements established by subsection (b) shall not
apply unless the State has provided notice to a petitioner under sentence
of death of the time requirements established by this section. Such
notice shall be provided upon the final disposition of the initial
petition for State post-conviction review.
  "(3) In a case in which a sentence of death has been imposed, the time
requirements established by subsection (b) shall be tolled-
      "(A) during any period in which the State has failed to appoint
    counsel for State post-conviction review as required in section 2258;
      "(B) during any period in which the petitioner is incompetent; and
      "(C) during an additional period, not to exceed 60 days, if the
    petitioner makes a showing of good cause.
  "(d)(1) Notwithstanding the filing deadline imposed by subsection (b),
if a petitioner under a sentence other than death has filed-
      "(A) a petition for post-conviction review in State court; or
      "(B) a request for counsel for post-conviction review,
before the expiration of the period described in subsection (b), the
petitioner shall have 180 days to file a petition under this chapter upon
completion of the State court review.
  "(2) The time requirements established by subsection (b) shall not
apply in a case in which a sentence other than death has been imposed
unless-
      "(A) the State has provided notice to the petitioner of the time
    requirements established by this section and of the availability of
    counsel as described in subparagraph (B); such notice shall be
    provided orally at the time of sentencing and in writing at the time
    the petitioner's conviction becomes final, except that in a case in
    which the petitioner's conviction becomes final within 30 days of
    sentencing, the State may provide both the oral and the written
    notice at sentencing; in all cases, the written notice to petitioner
    shall include easily understood instructions for filing a request for
    counsel for State post-conviction review; and
      "(B)(i) the State provides counsel to the petitioner upon the
    filing of a request for counsel for State post-conviction review; or
      "(ii) the State provides counsel to the petitioner, if a request
    for counsel for State post-conviction review is not filed, upon the
    filing of a petition for post-conviction review.
  "(3) The time requirements established by subsection (b) shall be
tolled in a case in which a sentence other than death has been imposed-
      "(A) during any period in which the petitioner is incompetent; and
      "(B) during an additional period, not to exceed 60 days, if the
    petitioner makes a showing of good cause.
  "(e) An application that is not filed within the time requirements
established by subsection (b) shall be governed by section 2244(b).".
  (b) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 153 OF TITLE
28, UNITED STATES CODE IS AMENDED BY AMENDING THE ITEM RELATING TO
SECTION 2242 TO READ AS FOLLOWS:
"2242. Filing of habeas corpus petition; time requirements; tolling
rules.".
SEC. 303. STAYS OF EXECUTION IN CAPITAL CASES.
  Section 2251 of title 28, United States Code, is amended-

                  (1) by inserting "(a)(1)" before the first paragraph and "(2)"
    before the second paragraph; and
      (2) by adding at the end the following new subsections:
  "(b) In the case of a person under sentence of death, a warrant or
order setting an execution shall be stayed upon application to any court
that would have jurisdiction over a habeas corpus petition under this
chapter. The stay shall  be contingent upon the exercise of reasonable
diligence by the applicant in pursuing relief with respect to the
sentence and shall expire if-
      "(1) the applicant fails to file for relief under this chapter
    within the time requirements established by section 2242;
      "(2) upon completion of district court and court of appeals review
    under section 2254, the application is denied and-
          "(A) the time for filing a petition for a writ of certiorari
        expires before a petition is filed;
          "(B) a timely petition for a writ of certiorari is filed and
        the Supreme Court denies the petition; or
          "(C) a timely petition for certiorari is filed and, upon
        consideration of the case, the Supreme Court disposes of it in a
        manner that leaves the capital sentence undisturbed; or
      "(3) before a court of competent jurisdiction, in the presence of
    counsel, and after being advised of the consequences of the decision,
    the applicant competently and knowingly waives the right to pursue
    habeas corpus relief under this chapter.
  "(c) If any 1 of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution unless the applicant has filed a habeas corpus petition that
satisfies, on its face, section 2244(b) or 2256. A stay granted pursuant
to this subsection shall expire if, after the grant of the stay, 1 of the
conditions specified in subsection (b) (2) or (3) occurs.".
SEC.  304. LIMITS ON NEW RULES; STANDARD OF REVIEW.
  (a) LIMITS ON NEW RULES.-
      (1) IN GENERAL.-CHAPTER 153 OF TITLE 28, UNITED STATES CODE, AS
    AMENDED BY SECTION 306(A), IS AMENDED BY ADDING AT THE END THE
    FOLLOWING NEW SECTION:
" 2257. Law applicable
  "(a) Except as provided in subsection (b), in a case subject to this
chapter, the court shall not announce or  apply a new rule to grant
habeas corpus relief.
  "(b) A court considering a claim under this chapter shall apply a new
rule when-
      "(1) the new rule places a class of individual conduct beyond the
    power of the criminal lawmaking authority to proscribe or prohibits
    the imposition of a certain type of punishment for a class of persons
    because of their status or offense; or
      "(2) the new rule constitutes a watershed rule of criminal
    procedure implicating the fundamental fairness and accuracy of the
    criminal proceeding.
  "(c) As used in this section,  a 'new rule' is a rule that changes the
constitutional or statutory standards that prevailed at the time the
petitioner's conviction and sentence became final on direct appeal.".
      (2) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 153 OF
    TITLE 28, UNITED STATES CODE, AS AMENDED BY SECTION 306(B), IS
    AMENDED BY ADDING AT THE END THE FOLLOWING NEW ITEM:
"2257. Law applicable.".

                     (b) STANDARD OF REVIEW.-SECTION 2254(A) OF TITLE 28, UNITED STATES
CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING: "EXCEPT AS TO FOURTH
AMENDMENT CLAIMS CONTROLLED BY STONE V. POWELL, 428 U.S. 465 (1976), THE
FEDERAL COURTS, IN REVIEWING AN APPLICATION UNDER THIS SECTION, SHALL
REVIEW DE NOVO THE RULINGS OF A STATE COURT ON MATTERS OF FEDERAL LAW,
INCLUDING THE APPLICATION OF FEDERAL LAW TO FACTS, REGARDLESS OF WHETHER
THE OPPORTUNITY FOR A FULL AND FAIR HEARING ON SUCH FEDERAL QUESTIONS HAS
BEEN PROVIDED IN THE STATE COURT. IN THE CASE OF A VIOLATION THAT CAN BE
HARMLESS, THE STATE SHALL BEAR THE BURDEN OF PROVING HARMLESSNESS.".
SEC.  305. LIMITS ON SUCCESSIVE PETITIONS.
  Section 2244(b) of title 28, United States Code, is amended to read as
follows:
  "(b)(1) A claim presented in a habeas corpus petition that was not
timely presented in a prior petition shall be dismissed unless-
      "(A) the petitioner shows that-
          "(i) the failure to raise the claim previously was the result
        of interference by State officials with the presentation of the
        claim, in violation of the Constitution or laws of the United
        States;
          "(ii) the claim relies on a new rule that is applicable under
        section 2257 and was previously unavailable; or
          "(iii) the factual predicate for the claim could not have been
        discovered previously through the exercise of reasonable
        diligence; and
      "(B) the facts underlying the claim, if proven and viewed in light
    of the evidence as a whole, would be sufficient to-
          "(i) undermine the court's confidence in the factfinder's
        determination of the applicant's guilt of the offense or offenses
        for which the sentence was imposed; or
          "(ii) demonstrate that no reasonable sentencing authority would
        have found an aggravating circumstance or other condition of
        eligibility for a capital or noncapital sentence, or otherwise
        would have imposed a sentence of death.
  "(2) Notwithstanding other matters pending before the court, claims for
relief under this subsection from a case in which a sentence of death was
imposed shall receive a prompt review in a manner consistent with the
interests of justice.".
SEC. 306. NEW EVIDENCE.
  (a) IN GENERAL.-CHAPTER 153 OF TITLE 28, UNITED STATES CODE, AS AMENDED
BY SECTION 304(A)(1), IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW
SECTION:
" 2256. Capital cases; new evidence
  "For purposes of this chapter, a claim arising from a violation of the
Constitution, laws, or treaties of the United States shall include a
claim by a person under sentence of death that is based on factual
allegations that, if proven and viewed in light of the evidence as a
whole, would be sufficient to demonstrate that no reasonable factfinder
would have found the petitioner guilty of the offense or that no
reasonable sentencing authority would have found an aggravating
circumstance or other condition of eligibility for the sentence. Such a
claim shall be dismissed if the facts supporting the claim were actually
known to the petitioner during a prior stage of the litigation in which
the claim was not raised. Notwithstanding any other provision of this
chapter, the claim shall not be subject to section 2244(b) or the time
requirements established by section 2242. In all other respects, the

                              claim shall be subject to the rules applicable to claims under this
chapter.".
  (b) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 153 OF TITLE
28, UNITED STATES CODE, AS AMENDED BY SECTION 304(A)(2), IS AMENDED BY
ADDING AT THE END THE FOLLOWING NEW ITEM:
"2258. Capital cases; new evidence.".
SEC.  307. CERTIFICATES OF PROBABLE CAUSE.
  The third paragraph of section 2253 of title 28, United States Code, is
amended by adding at the end the following: "However, an applicant under
sentence of death shall have a right of appeal without a certificate of
probable cause, except after denial of a habeas corpus petition filed
under section 2244(b).".
SEC. 308. PROVISION OF COUNSEL.
  (a) IN GENERAL.-CHAPTER 153 OF TITLE 28, UNITED STATES CODE, AS AMENDED
BY SECTION 304(A)(1), IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW
SECTION:
" 2258. Counsel in capital cases; State court
  "(a) FINDING AND DECLARATION.-The Congress finds that inadequate
representation in State capital trials, appeals and post-conviction
proceedings increases unacceptably the risk of constitutional and factual
error.  The possibility of such errors puts into question the validity of
individual convictions and the conformity of State criminal justice
systems with the commands of the Due Process Clause of the Fourteenth
Amendment.  The Congress therefore determines that the following
requirements are a necessary and appropriate means, pursuant to its
authority under section 5 of that Amendment, of enforcing the Due Process
Clause.

